For every Individuall Member of the Honourable House of Commons â—…R THe law of England having alwayes been esteemed by me the visible state security of my life liberty and propriety for the preservation of which I have in the field with my sword in my hand often run the hâ—zzard of death and being oppressed contrary thereunto by the present House of Lords in Iune 1646. I coould doe no lesse for my own preservation and the preserâ—ation of the liberties and freedomes of my native country then to fly by way of Appeale to the auâ—hority and jurisdiction of your House my legall Peers and Equalls who by the Commons of Engâ—and are chosen and betâ—usted to be the great and grand Patrons and Guardians of their liberties and â—reedomes and ought not to suffer them to be trodden underfoot by all the Lords in England And my â—ormall Appeale from the prison of Newgate I made unto your house the 16. of Iune 1646. now â—rinted in the 9. 10 11. pages of The Free mans freedome vindicated which was accepted and approâ—ed of by your House and also read and debated and committed to a select and chosen Committee â—here Mr. Henry Martin had the Chaste before whom I made my plea and since printed it and calâ—â—â— An Anatamy of the Lords tyranny who was onâ—y authorised in matter of fact to examine all the Lords proceedings with me ther being then as appealed to me no scruple either in the house or any of â—hat Committee about the Lords jurisdiction over a Commoner and having most illegally in a tyrannicall and chargeable imprisonment staid above â—6 moneths for that report there being as to mee â—ppeares some more scruples in your house now about the Lords jurisdiction then was when I first â—ppealed to you your house resolved upon 15. October 1647. anew to commit the whole â—atter of my â—eport then lately made by Mr. Martin to a new Committee who are to consider of presidents in â—his and the like cases and to state their opinions to the house what they thinke fit to be done thereupon and the speciall care of it is referred to Mr. Maynard before whom and the Committee I appeaâ—ed the 20. October 1647. and had liberty to make my grand Plea in point of law against the Lords â—urisdiction and their unjust and illegall dealings with me which grand plea with my additionâ—â—â—lea herewith present unto you intreating you as one of my Iudges seriously to read and consider Iâ— And on the 1. November 1647 upon a motion in your house for an addition to my Committee that so my long and unsupportable attendance may come to some issue all the Members of your House that will come to my Committee are added to it and by the power of that Committee I am summoned before them the 8. present to state my questions upon which their results or judgements are 〈◊〉 â—low or be grounded and being before them apprehended some conceptions in them that the matter was very difficult and weighty although I conceive in my aforesaid pleas I have made it as â—â—â—in as the Sun that shines at noone day that the Lords have dealt most illegally and unjustly with me and dare venter my life and being upon what I have before both Committees said against at the Lawyer in England in point of law but in regard I apprehend for all I have said that there is some â—cruples in some Members of that Committee and may be much more in divers in the house when it is reported in that slender manner that it is like there being not any results upon the 〈◊〉 question 〈◊〉 the Committee I therfore crave leave in writing to state my questions I presented to the Committee with some additions to them and in the first place I lay down this position which at my utmost â—â—â—llâ— according to the rules of law and iustice I will make good viz. That the book called my plea to Iudge Reeves for wrighting of which I was summoned to the Lords bar it an honest and iust booke free from scandals and falshoods and hath nothing but 〈◊〉 in it and therefore neither punishable by the House of Lords nor any Court of justice in England but admit it were full of notorious scandalls in the highest nature the maine question will 〈…〉 1. Whether the house of Lords by the Law of England have any originall iurisdiction in 〈◊〉 oâ—â—â—â—â—ly to summon me a free commoner of England up to their barre to answer a charge for 〈◊〉 the foresaid booke or any other booke though never so scandalous in it self which I positively deny and sâ—â—ven strong reasons or arguments J made before and gave unto the foresaid Committee which you may please to read in my Grand Plea pag. 6 7 8 9 10 11 12 〈◊〉 of which briefly are 〈◊〉 also my plea Mr. Martin pa. 9. 10. First that the Lords sit not in their House by any power or authority dâ—â—â—â— from the peoples free election and choice but are meerly and altogether the â—â—â—â—tures of the King made by his prerogative sometimes of the basest and corrâ—pâ—â—â—â— of the people being the meere issues of his will who himselfe is limited and bounded by the law 〈◊〉 who by his writ that summons them to sit in Parliament only impowers them to confer and treat 〈◊〉 him or afford their Councell of certaine hard urgent affaires concerning himselfe the State 〈◊〉 defence of the Kingdome of England and the Church thereof but my pretended offence touchâ—â— none of these things And besides the Lords had no conference nor treaty with the King their prerogative foutaine Ergo but read my Grand plea pag. 6 and 7. Secondly I was the 10. of Iune 1646. summoned up to the Lords bar to answer such things aâ—â— stood charged with before their Lorships concerning a pamphlet intituled as before which did not in the least belong unto the jurisdiction of their Court but at the most is meerly an action tryable at the Common law and no where else see Cookes 5. part report pag. 125. De libellis famâ—sis and 13. Hen. 7. Relway and 11 Eliz. Dier 285. and 30. Assise pla 19. and 3. E. 1. chap. 33. and 37. E. 3.18 and 38. E. 3.9 and 42. E. 3.3 and 2. R. 2.5 and 12. R. 2.11 and 1 part of your own book 〈◊〉 Decl. pag. 208. read my Plea pag. 7 and 8. And being so they ought not to have medled with it it being a known maxime in law that when an ordinary remedie may be had an extraordinary is not to be made use of Thirdly no man is to be imprisoned nor iudged but by the known established and declared lawâ—â— of the land see the Petition of Right But there is no established law of the land for the iudgment of the Lords in any thing where the King their creature is not concurrent 14. E. 3. c. 5. Which statute plainly shewes that in delayes of iustice or error in iudgement in inferior Courts
case for contemning affronting or abusing of them or whether it was any affront or contempt in law in me for maintaining in high language at the Lords bar my legall rights against their 〈◊〉 â—â—ping incroachments see my reasons and arguments in the 12 13 14. pages of my grand plea. My eight question is this whether or no it be justifiable by the law of England for the house of Lords for a pretended or reall misdemeanor totally to destroy my continâ—ment or continuance by fining me 4000. l. being more then ever I waâ— worth and making me uncapable for ever to 〈◊〉 my office either Marshall or Civill in Church or Common wealth and seaven years imprisonment in the Tower of London 11. or 13. weekes of which in the Tower J was divorced from my wife and all my friends and the names of all those that came to visit me taken see the 14. chap of 〈…〉 3. E. 1.6 and the 10. and 2â— pages of my plea to Mr. Martin My last question is this whether in case the Lords have no legall jurisdiction over me whethâ—◠〈◊〉 no are not all those Gaolers and keepers of prisons c. that have executed their illegall orders decrees and commands upon me lyable by the law of England to make me reparations therefore In the case of the Marshallâ—es in the 10. part of Cookes reports And now Sir seeing the Committee hath not fulfilled the order of the house in giving their opinions of the cause and yet intend to report it by which meanes I have lost and am deprived of the chiefest good I expected from the Committee and may be at ten times a greater losse in the Hoâ—â—â— so rawly it come to be reported wherefore if you be a true English man and a man of justice and â—â—â—nour I earnestly and pressingly desire your just assistance that I may have a speciall day assignâ—â—◠〈◊〉 the Committee once againe to sit and that seeing by divers of your house the opinions of the Lawyers is iudged so essentiall to the determination of the businesse I earnestly desire your iust assistanâ— for aspeciall order from your house that 10. or 20. of them may attend that day And in regard Mr. Maynard to whom by your house the especiall care of the businesse is committed is so extraordinary full of businesse being tear me time that it may be he cannot conveniently be there nor it may be speâ—â— so much time as a full and legall debate pro andcon will require then I earnestly desire that seeing all the members of the house are of that Committee that the Maior number present 〈◊〉 appoâ—â—â— new Chairman fully to debate and argue the businesse openly and freely and positively draw up the results opinions and sense of the Committee upon the â—hole businesse and if your house thiâ—â—e 〈◊〉 I earnestly desire the Lords may have notice to send if they please their Proctors to defend if they 〈◊〉 their dealing with me or if not this Then secondly I earnestly desire your assistance to procure of the house a fixed day when Mr. Maynard shall make the report as it is that so it may receive a full debate in a considerable full house and that if it be possible the house may be turned into a grand Committee that so every man may fully speake his conscience and iudgement that so every man in the house may truly know the state of the businesse that so neither the House of Lords nor I may rashly or inconsiderately be condemned by maiority of voices and if my cause singly laid in the impartiall scale of iustice and law will not â—enâ— our it selfe J crave not our haires breadth of favour or mercy only I earnestly desire that none of my writings occasioned by the Lords transcendent and almost unsupportable oppressions â—â—â—â—â—he 〈◊〉 be thrown in to hinder the validity force or strength of that judgement I desire till the finall iudgement of your house be past and then I shall according to the rule of law and justice answer the Lords or any else in England that hath any thing to say to me therefore And to conclude all seeing the Apostle Paul saith He is worse then an infidell that doth not his utmost to provide for his family And the Prophet Ieremiah saith They that be slaiâ—e with the Sword are better then they that be slain with hunger for these pure away stricken through for want of the fruits of the 〈◊〉 And seeing I have sâ—aâ—â—e been free one years together this 11. yeares from chargeable 〈…〉 and seeing I haâ—â—â—â—llowed this House now above 7. yeares for iustice against my Star-Chamber iudges to my extraordianry charges and yet to this day have not obtained one farthing tokens worth 〈◊〉 â—â—â—ctive iustice all which truly said together be good earnest renders any gallant death in the worâ—◠〈◊〉 it â—ome 〈◊〉 from my â—eâ—â—e more acceptable unto me thâ—â— a continuance in my uniust unâ—â—pportable and 〈◊〉 imprisonment it being too perfect a bâ—dâ— of slavery for a heroic-â—â—spiritâ—â—â—â—â—â—y to â—maine 〈◊〉 therefore if there be my 〈◊〉 of compassion in you or any sparke of 〈…〉 â—â—â—cience I most came 〈◊〉 and most preâ—â—â—â—gâ—y intreat your active assistance 〈◊〉 speedy perâ—â—d of â—y businesse before you either to my iustification it innocent or condemnation â—â—legally guilty aâ—â— that I may not be kept in person in a â—â—â—â—â—ing condition but may immediately be 〈◊〉 â—ith 〈◊〉 an allowance for my subâ—â—â—tâ—nce as is my right and 〈◊〉 both by the law of England and the customed the Power Or else that 〈◊〉 will take speedy 〈◊〉 thâ—â— I may receive 〈◊〉 〈◊〉 tions from my Sâ—â—â—-Chamber Iudges which 〈◊〉 laid at your 〈◊〉 2. yeares and 〈…〉 your House to helâ—â— me to if they please as for me to come to Westminster to desire it of yoâ—â— that so I may have some thing of my own to keep me alive and my wife and little children 〈…〉 I rest your true friend in the faithfull discharge of your duty to the kingdome Iohn Lilburne From 〈…〉 and most 〈…〉 in the Tower of London this 8 No. 1647.
which is all the causes they have iurisdiction of by law which binds them as well as any other Court 4. H. 4.23 there ought to be a Petition to the King and a Commission from him to them to give them cognizance or power of it but none of this was in my case Ergo but read my Plea pag. 8. and 9 Fourthly By Magna Charta and 3. E. 1.16 and the Petition of Right no man is to be iudged 〈◊〉 by his Peers or Equalls that is men of his own condition and by due processe by indictment presentment or originall writ by a iurie of his Equall of good and lawfull people of the same neighbourhood according to the old law of the land But the Lords are none of my Peers See Clarkes case 5. part Cookes reports and his 2. part institutes sol 28.29.48.50 and Sir Simon de Berisfords case 4. E. 3. Râ—t 2. Neither had I in any one particular any legall proceeding being summoned before any charge was filed against me Ergo but read my plea pag. 9 and 10. Fiftly By the lawes of this land no man is to be Iudge in his own case â— H. 6. sol 1â— and 5. Eâ—â—â— Dier 220. and Dr. Bonhams case 8. part Cookes reports But the Lords were with me complainants prosecutors witnesses fury and Iudges Ergo but read my plea pag. 10. 11. and 1. part book Dâ—â— pag. 38. 39. 201 278. Sixtly if the Lords iudgement originally were binding against me then a few Lords would blâ—â— not only me but all the Commons of England who one by one may be served by them as I am and that without any hope of redresse they being Iudges still in the appealâ— which both law and reaâ—â—â— abhors 1. part book Decl. pag. 41. 150. 207. 496. 637. 690. 726. 728 and to by this meanes the weale and safety of the people called by you the supreame law 2. part book Decl. pag. 879. is totally destroyed and we the Commons of England made the perfectest slaves in the world by having oâ— fundamentall lawes destroyed and made Cyphers and the power of our representatives destroyed and made Ciphers which â—s an act of higher treason then ever was committed by Strâ—fford and 〈◊〉 thousand times more iustly deserves his doome then his crime of but endevouring to subvert 〈◊〉 fundamentall lawes did but read my grand plea pag. 11 and 12. Seventhly The Lords being the meere creatures of the King made by his will and pleasure and 〈◊〉 there as prerogative persons only and yet in law and by their own principles as Lords withâ—â—â— the King they have to prerogative and yet have with a witnesse aâ—ted upon me c. without the King or his particular Commission which makes all they have done unto me to be null and void 〈◊〉 in law and reason and renders them in my apprehension for this their habitâ—â—llnesse in the wâ—â—â—â— and highest of tyranny to have forfeited their power and honour and 〈◊〉 ought any 〈◊〉 by 〈◊〉 〈◊〉 trustees of the people and who should be the carefullâ— and watchfull Guardians of their lawes â—nd liberties to be owned or acknowledged to be a house of Peers but a company of Apostates falno â—â—om their first institution and absolutely degenâ—â—ated into a pack of tyrants and therefore in equity â—eason and iustice ought as well as the Star-Chamber to be pluckt up by the roots and transcendently â—â—ned besides The second question that at the Committee I truly stated was this whether it be warrantable or â—ustifiable by law in the House of Lords to summon me a free and legall Commoner of England up to â—heir bâ—r to answer a charge before any be in being or filed against me which also I positively deny â—nd have proved to be most illegall in my plea last yeare before Mr. pag. 8 9 see also the 4th reason â—efore My third question at the Commitee I stated to this effect whether by the law of England it be justifiâ—ble for the Lords to summon me up to their bar to answer a charge and then when I come there refuse to shew it me though desired by me but examine me upon interrogatories against my selfe which I also confidently deny and for proofes seâ— your own Votes made for me in your house the 21. of May 1641. against the Star-Chamber and the Lords own decree made in that very cause 13. Feb. â—645 printed in the last page of my relation of my proceedings at their bar My fourth question that now I truly state is this whether it be warrantable by law in the Lords to summon me to answer a charge at their bar before they have any crimes against me and Ex officio to examine me and thereby either force it to stand mute which they would consture a contempt or to plead for my selfe and from my plea to pâ—ck quarrells against me and so â—otally wave the thing they originally summoned me for and commit me for a pretended crime committed Ex postsacto to remaine in prison during their pleasure which is ad infiâ—itum even till dooms day in the afternoon for they will never be just till then and so I shall never be released by â—hem see their warrant of commitment of the 11. Iune 1646. and my printed plea to Mr. Martin pag 5. and 7. My fift question I state is this whether it be warrantable by the law of England for the Lords to summon me up to their bar where by their illeâ—all dealings with me I am necessitated to declare against their assuming a jurisdiction over me and before them under my hand and seale appeale to my legall judges the House of Commons and yet notwithstanding they got on to judge me before my appeale which was a supersedeas be determined see my reasons in the 9. p. of my plea to Mr. Martin My sixt question I state thus whether it be warrantable by law for the Lords to summon me up to their bar after my appeale to the House of Commons and when I am by force brought say nothing to me but command me to kneele at their bar and for refusing so to doe commit me during their pleasure close prisoner to Newgate without pen inke or paper or the accesse of any whatsoever in any kind but only my keeper and then to set Sergeant Finch Mr. Hayle Mr. Hearâ—ne and Mr. Glover to draw up a charge against me for pretended crimes committed after my first summons and without ever giving me notice or suffering me to speake either with my wife friends or councell to bring me up the third time after three weekes clâ—se and barbarous tyrannicall restraint to answer a chargeâ— see their warrant of close imprisonment of the 23. of Iune 1646. and the 5. 9. pag of my plea to Mr. Martin My seaventh question I state thus whether any Court in England that meddles with that which by law they have no jurisdiction of can either fine or imprison the party summoned before them in such a